Sean Clerget

Associate
Sean focuses his practice on investigations and litigation in the health care and government contracts industries.
Sean Clerget, Associate at Arent Fox

Sean uses his prior experience as a federal law clerk to counsel clients on investigations, complex litigation, and regulatory compliance matters in a variety of industries. No matter the subject area, Sean focuses on understanding each clients business objectives and works hard to further them.

Seans experience includes significant work advising clients on government and internal investigations related to the False Claims Act and often implicating the Stark Law and the Anti-Kickback Statute. As part of his practice, Sean helps health care and government contracts clients respond to government subpoenas and address related compliance issues.

Sean has litigated a wide variety of disputes in the areas of health care, government contracts, employment law, securities, OSHA, and construction, among others. His work includes litigation, investigations, and counseling on various aspects of government contracting. He also provides advice and counseling as well as litigation services with respect to commercial payer disputes and numerous issues that arise for group health plans and medical providers under ERISA, FEHB, ACA, Medicare, Medicaid, and various state laws. Sean also counsels health care providers on managing compliance risks in the face of ever-changing regulatory schemes at the state and federal levels. Related to his litigation and investigations practice, Sean has extensive knowledge and experience with e-discovery issues. He has developed and led internal training on e-discovery best practices.

Client Work

Since joining Arent Fox in 2012, Sean has handled the following representative matters:

  • Represented two proton therapy centers in a False Claims Act, Stark Law, and Anti-Kickback Statute investigation in United States ex. rel. Ward v. ProCure Management (USDC WD Ok.).
  • Led an internal investigation of a national health care provider in connection with a US Department of Justice civil investigative demand issued in connection with an Anti-Kickback Statute investigation.
  • Played a significant role in an appeal before the Fifth Circuit regarding a number of substantive matters of first impression, including whether the statute of limitations bars OSHA from enforcing alleged Process Safety Management violations for Process Hazard Analysis and audit findings against a current employer where its predecessor conducted the Process Hazard Analyses and audits years prior to its ownership.
  • Represented a health care provider in an alleged overpayment dispute with a state Medicaid Managed Care Organization involving both Medicare and Medicaid regulations.
  • Assisted an IT service management provider in the government contracts industry in responding to a US Attorney subpoena.

Previous Work

Prior to joining Arent Fox, Sean served as a federal law clerk to The Honorable Theresa L. Springmann, a Federal District Court Judge in the Northern District of Indiana. He also served as a judicial intern to the Honorable Judge James S. Kirsch of the Indiana Court of Appeals during law school.

Publications, Presentations & Recognitions

Sean is a regular contributor to the Investigations Blog. He has also coauthored the following recent articles:

While in law school, Sean was an Articles Editor for The George Mason Law Review. He published an award-winning article titled “Timing is of the Essence: Reviving the Neutral Law of General Applicability Standard and Applying it to Restrictions Against Religious Face Coverings Worn While Testifying in Court” 18 Geo. Mason. L. Rev. 1013 (2011). The article received awards as the Best Student Article at George Mason in 2011 and a 2012 National Burton Award for Distinguished Legal Writing.

Life Beyond the Law

Born and raised in the great state of Indiana, Sean is a loyal Indianapolis Colts and Indiana Pacers fan. He also enjoys making it back to his home state to attend the Indianapolis 500.

Sean spends his free time traveling, attending live sporting events, and serving as a mentor in the Big Brothers Big Sisters program.